Ontario family law attorney Diana Isaac, a partner at Shulman and Partners LLP, says the concept of a “mature minor” is becoming “obviously more of a relevant issue” when discussing COVID-19 vaccines and children. If the minor meets the threshold of informed consent and understands the consequences of their decision, then parental or guardian approval is not required and does not override the decision of the child. Health-care providers must obtain informed consent before any medical treatment or procedure, or be exposed to liability.
The Supreme Court of Canada endorsed what is known as the “mature minor” doctrine in 2009, which means that a child of any age can give consent if they have the maturity and capacity to make informed decisions and understand the consequences of said decisions. In provinces or territories where there is no set legislation or stipulated age of consent for minors, common law governs. Elsewhere, criteria are found in common law.Ī minor is a person under the age of majority, which varies across provinces and territories.
JUDICIAL CONSENT PRODUCER TRIAL
Pfizer submitted data from a clinical trial that involved children five to 11 years old in late September and made the formal request that it be authorized for that group in the U.S.
COVID-19 vaccines for children under 12 years of age are expected to be reviewed by Health Canada soon, putting the country’s medical consent laws for children in the spotlight.